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HomeMy WebLinkAbout28-Police Department ~. ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Garrett W. Zimmon Chief of Police Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the renewal of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the United States Department of Justice, Drug Enforcement Administration (DEA) Task Force. Reqular Meetinq Date: 10-17-2005 Dept: Police Date: September 19, 2005 Synopsis of Previous Council Action: February 24,2005 - Resolution No. 2005-51 authorizing participation in the DEA Task Force was adopted. Recommended Motion: Adopt Resolution ~~'114~ Michael A. Billdt, Assistant Chief of Police Contact person: Mit~h::ll KilT'b;;l1l Phone: 38A.-56?6 Supporting data attached: yes Ward: all FUNDING REQUIREMENTS: Amount: None Source: N/A Finance: . Council Notes: ~. ;')../)DS~ 350 Agenda Item No. ~ 101 \1100 ... CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the renewal of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the United States Department of Justice, Drug Enforcement Administration (DEA) Task Force. BACKGROUND Several investigative drug task forces currently work in the Riverside District Office of the United States Department of Justice, Drug Enforcement Administration. Chief Garrett Zimmon and the San Bernardino Police Department have been asked by the Assistant Special Agent in Charge (Riverside Office) to participate in a task force that operates within the Inland Empire region. It is proposed that one officer from the San Bernardino Police Department Narcotics Unit be assigned to a DEA task force to enhance drug enforcement efforts in the San Bernardino area. The trafficking of narcotics and dangerous drugs, as well as other associated illegal activity has a substantial detrimental effect on the health and general welfare of community members in the City of San Bernardino. The San Bernardino Police Department would be responsible for providing an officer and related safety equipment to the task force. Any additional equipment needs are the responsibility of the Drug Enforcement Administration. Task force supervision will be the responsibility of DEA managers and employee oversight will remain the responsibility of the San Bernardino Police Department. The assigned employee will be responsible for adherence to all rules and regulations of the San Bernardino Police Department while working within the DEA task force. The DEA task force the San Bernardino Police Department will be partnering with includes investigators from: United States Department of Justice, Drug Enforcement Administration San Bernardino County Sheriffs Department Riverside County Sheriffs Department Ontario Police Department California Highway Patrol Assignment to the task force will be for a minimum of two years. Any training needs or assignments related to task force operations will be provided by the Drug Enforcement Administration, with no charge to the City of San Bernardino or the San Bernardino Police Department. Participation in this task force provides the City of San Bernardino and the San Bernardino Police Department an allocated share of assets seized in those investigations participated in by the task force officer. The San Bernardino Police Department has been successfully participating in this joint task force since February 2005, under San Bernardino City Council Resolution 2005-51. Beginning in February 2005, the DEA task force we partner with has made 44 arrests of individuals who are involved in drug activities connected to distribution operations at least partially located in San Bernardino. Contraband seized includes 105 pounds of methamphetamine, two tons of marijuana as well as 30,000 ketamine pills and 60,000 ecstacy tablets. Some of this contraband was seized from drug locations in the City of San Bernardino, including six pounds of heroin taken from a drug courier at the San Bernardino Greyhound Station. The heroin seizure itself had a retail street value of $3 million. Additionally, five vehicles and $309,000 in drug assets were seized pursuant to state and federal asset seizure laws. As a task force partner, the City of San Bernardino can expect a part of the eventual seizure allocation. FINANCIAL IMPACT There will be no impact on the City's General Fund or Police Department budget. The MOD agreement provides that the DEA will reimburse the San Bernardino Police Department during the fiscal year for overtime payments made to the assigned task force officer, up to $15,144.00 (25% of the salary ofa Federal employee GS-12). RECOMMENDATIONS Adopt Resolution. Attachments: Standard State and Local Task Force Agreement - United States Department of Justice, Drug Enforcement Administration :-: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. tory RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERl"ARDINO AUTHORIZING THE EXECUTION OF THE RENEWAL OF A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) TASK FORCE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOW: SECTION 1. That the Mayor and Common Council of the City of San Bernardino authorize the Mayor, or her designee, to execute an agreement between the City of San Bernardino Police Department and the United States Department of Justice, Drug Enforcement Administration authorizing the San Bernardino Police Department to participate as a member of a Drug Enforcement Administration task force operating in the Inland Empire. SECTION 2. The authorization to execute the above referenced memorandum of understanding is rescinded if it is not executed within sixty (60) days of the passage of this resolution. I I I I I I I I I I I I II I I I I I I I II I No, ~f )011'71os .. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF THE RENEWAL OF A MEMORANDUM OF UNDERSTANDING (MOU) FOR THE SAN BERNARDINO POLICE DEPARTMENT TO PARTICIPATE AS A MEMBER OF THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) TASK FORCE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2005, by the following vote, to wit: 9 Council Members AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE McGINNIS DERRY KELLEY JOHNSON McCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2005. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney ,1 ) :/ 1,' BY1'- 7 "Ct-"'''- .j STANDARD STATE AND LOCAL TASK FORCE AGREEMENT This agreement is made this between the United States Department of Administration (hereinafter "DEA"), and Department (hereinafter "SBPD"). day of , 20 Justice, Drug Enforcement San Bernardino Police WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Riverside/San Bernardino County area and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of Riverside/San Bernardino County, the parties hereto agree to the following: 1. The Riverside Task Force will perform the activities and duties described below: a. disrupt the illicit drug traffic in the Riverside/San Bernardino County area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the Task Force's activities will result in effective prosecution before the courts of the United States and the State of California. 2. To accomplish the objectives of the Riverside Task Force, the SBPD agrees to detail one (1) experienced officer to the Riverside Task Force for a period of not less than two years. During this period of assignment, the one (1) officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The one (1) officer assigned to the Task Force shall adhere to DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The one (1) officer assigned to the Task Force shall be deputized as Task Force Officer of DEA pursuant to 21 U.S.C. 878. 5. To accomplish the objectives of the Riverside Task Force, DEA will assign two (2) Special Agents to the Task Force. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and one (1) officer assigned to the Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment, training, and other support items. 6. During the period of assignment to the Riverside State/Local Task Force, the SBPD will remain responsible for establishing the salary and benefits, including overtime, of the one (1) officer assigned to the Task Force, and for making all payments due them. OEA will, subject to availability of appropriated funds, reimburse the SBPD for overtime payments made by it to one (1) officer assigned to the Riverside Task Force for overtime, up to a sum equivalent to 25 percent of the salary of a GS-12, step I, Federal employee (currently $15,144.00), per officer. 7. In no event will the SBPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The SBPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts. 9. The SBPO shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly a~thorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The SBPD shall maintain all such reports and records until all audits and examinations are completed and resolved, or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The SBPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (as incorporated in the Civil Rights Act of 1991) and all requirements imposed or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, 0, and F. 11. The SBPD agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certification Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The SBPD acknowledges that this agreement will not take effect and no Federal funds will be awarded to the SBPD by DEA until the completed certification is received. 12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with Federal money, the SBPD shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program. 13. The term of this agreement shall be from October 1, 2005 to September 30, 2006. This agreement may be terminated by either party on thirty days' advance written notice. Billings for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by SBPD during the term of this agreement. For the Drug Enforcement Administration: Date: Stephen C. Delgado Special Agent in Charge Los Angeles Field Division For the San Bernardino Police Department: Date: Name Title e"..' , '. ~ ... !/,' ...... '... '. ...... U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this from, Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Department and Suspension (Nonprocurement) and Government-wide Requirements for Drug-Free Workplace (Grants}," The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U,S, Code, and implemented at 28 CFR Part 69, for persons enterinlt into a grant or cooperative agreement over $100,000, as delined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con- nection with the making of any Federal grant, the entering into of any cooperative agreement, and extension, continuation, renewal" amendment, or modification of any Federal grant or cooperative agreement; (b) If ar.JY funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at- tempting to influence an officer or employee of an~ agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer- tincation be included in the award documents Tor all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shalf certify and disclose accordingly, 2. DEBARMEN1! SUSPENSION, AND OTHER RESPONSIBILlTT MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, ana implemented at 28 CFR prt 67, for prospec- tive l2articipants in primary covered transactions, as defined at 28 CFR Part 67, Section 67,510- A, The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debar- ment, declared ineligible sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal i:tepartment or agency; (b) Have not within a three-year period preceding this applica- tion been convicted of or haa a CIVil judgment rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this applica- tion had one or more pUblic transactions (Federal, State, or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in thiS certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR 'Part 67, Subpart F, for grantees... as defined at 28 CFR Part 67 Sections 67.615 and 67.020- A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture. distnbution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and speCifying the actions that will be taken against employees for violation OT such prohibition; (b) Establishing an on-going drug-free awareness program to Inform employees about- (1) The dangers of drugs abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged In the performance of the grant be given a copy of the state- ment required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the granf, the employee will- OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2,4062/3 AND 4061/4 WHICH ARE OBSOLETE. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (el Notifying. the agency, in writing, within 10 calendar days after receiving notice under subparagraph (dl(2) from an employee or otherwise receiving actual notice of such convic- tion. Employers of convicted employees must provide notice. including position tit~ to: Department of Justice, Office of Justice l'rograms, A I I N: Control Desk, 633 Indiana Avenue, N.W., Waslilngton, D.C. 20531. Notice shall include the iden- tification number(s) of each affected grant; (f) Taking one. of the. following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted- (1 ) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or localliealth, lawenforce- ment, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug- free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, country, state, zip code) Check 0 if there are workplace on file that are not identified here. Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap- plication for Department of Justice funding. States and State agencies may erect to use OJP Form 4061/7. Check [J if the State has elected to complete OJP Form 4061n. DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and imlllemented at 28 CFR -Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant I certify that I will not engage in the unlawful manufacturel aistribution, dispensing, posses- sion, or use of a control ed substance in conaltion any activity with the grant; and B. If convinced of a criminal drug offense resulting from a violation occurring during the conauct of any grant activity, I will report the conviction, in writing; within 10 calendar days of the conviction, to: Department 01 Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the .duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: SAN BERNARDINO POLICE DEPARTMENT 710 N. D STREET SAN BERNARDINO, CALIFORNIA 92401 2. Application Number and/or Project Name RIVERSIDE TASK FORCE 4. Typed Name and Title of Authorized Representative 5. \~6~ [ I 3. Grantee IRSNendor Number 95-6002748 6. 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